Abortion laws: Simone McGurk says current legislation ‘outdated’ and needs to be ‘modernised’

WA’s Minister for Women Simone McGurk will this week attend a meeting with her state and federal counterparts to discuss a national framework to make abortions more affordable and accessible across Australia.

Ms McGurk gave the strongest hint yet the McGowan Government would decriminalise abortion in WA, the last remaining Australian jurisdiction to do so, on the eve of the country’s ministers for women convening in Adelaide to discuss a national approach.

While legal throughout the country, there are different regulations in each state and territory on when, how and where women can access abortions.

“My focus, and that of the Minister for Health, is to look at how we can improve Western Australia’s abortion laws which were introduced more than 20 years ago,” Ms McGurk said.

“I think it’s clear the legislation is outdated and it is appropriate we look at how it can be modernised, and how we improve access to safe abortions in Western Australia. “I am looking forward to the upcoming meeting of Ministers for Women, where we can discuss these important issues at a national level, and look at how we can drive positive change for gender equality in our state and country.”

Abortion is included in WA’s criminal code, with the limit for surgical abortions cut off at 20 weeks of a woman’s pregnancy.

Two doctors, from a panel of six, must rule an abortion is necessary for the mother’s health or because the unborn child has “a severe medical condition.”

The State’s current laws – described by advocates as the country’s most restrictive – have forced some West Australian women to fly interstate to access the procedure.

Health Minister Amber-Jade Sanderson last month said this regime was “probably not a model that’s fit for purpose now” and she was aware it had led women to fly interstate to safely access an abortion from 15 weeks gestation.

In Victoria, for example, abortions are available for up to 24 weeks and can be performed beyond this point if one doctor reasonably believes it is appropriate and has consulted one other medical practitioner.

Anger over abortion rights being stripped away by the United States Supreme Court reached WA last month, with hundreds protesting outside the American Consulate General in Perth.